alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.2





PERSHING GOLD CORPORATION






FIRST AMENDMENT TO


RESTRICTED STOCK GRANT AGREEMENT

(Non-Assignable)


 


This First Amendment
to Restricted Stock Grant Agreement (this “Amendment”) is dated as of December 10, 2015, by and between Eric
Alexander (“Holder”) and Pershing Gold Corporation, a Nevada corporation (the “Corporation”).


 


A.           On
December 16, 2013, Holder and the Corporation entered into that certain Restricted Stock Grant Agreement (the “Agreement”)
pursuant to which Holder was granted Eleven Thousand One Hundred Thirteen (11,113) restricted shares (originally 200,000 shares
on a pre-split basis) (the “Shares”) of the Corporation’s common stock, par value $0.0001 per share.


 


B.            The Corporation
and Holder have agreed to amend the Agreement as set forth herein.


 


NOW, THEREFORE, for
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:


 


1.          Amendment
to Restricted Stock Grant Agreement. The Agreement is hereby amended by deleting Section 2 thereof and replacing it with the
following:


 


2.          Vesting
and Forfeiture. Participant shall vest in his or her rights under the Restricted Stock pursuant to the following schedule (each
date upon which vesting occurs being referred to herein as a “Vesting Date”):


 


	Date	 	Number of

 Shares Vested	 
	December 16, 2013	 	 	3,705	 
	March 14, 2016	 	 	3,704	 
	December 16, 2016	 	 	3,704	 






 





The foregoing notwithstanding,
vesting pursuant to the foregoing schedule shall occur on a Vesting Date only if Participant remains employed by or provides services
to the Corporation from the Date of Grant to such Vesting Date. If Participant ceases to be employed by or ceases to provide services
to the Corporation at any time prior to the final Vesting Date, pursuant to Section 6.1.3 of the Plan, all unvested Restricted
Stock shall be forfeited immediately on the date that Participant’s employment or service is terminated and the Participant
shall have no further rights with respect to such Restricted Stock.


 


2.          No
Other Changes. Except for the amendment contained in Section 1 hereof, the Agreement is hereby ratified and confirmed and shall
continue in full force and effect without any further amendments or changes.


 




    1 


     


    

  


3.          Counterparts.
This Amendment may be executed in counterparts each of which taken together shall constitute one and the same instrument.


 


4.          Governing
Law. This Amendment shall be governed by, and construed and enforced in accordance with, the internal laws of the State of
Nevada without reference to principles of conflicts of laws.


  


[SIGNATURE PAGE FOLLOWS]





 




    2 


     


    

 


IN WITNESS WHEREOF,
the parties have caused this Amendment to be duly executed as of the date first above written.


 


 


	 	HOLDER:
	 	 
	 	/s/ Eric Alexander
	 	Eric Alexander
	 	 
	 	PERSHING GOLD CORPORATION
	 	 	 
	 	By:	/s/ Stephen Alfers
	 	Name:	 Stephen Alfers
	 	Title: Chief Executive Officer, President and Chairman of the Board


 




    3
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME FROM CONECTIV'S 1999 ANNUAL
REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    2,811,404
<OTHER-PROPERTY-AND-INVEST>                    551,410
<TOTAL-CURRENT-ASSETS>                         793,995
<TOTAL-DEFERRED-CHARGES>                     1,356,812
<OTHER-ASSETS>                                 624,841
<TOTAL-ASSETS>                               6,138,462
<COMMON>                                           920
<CAPITAL-SURPLUS-PAID-IN>                    1,178,798
<RETAINED-EARNINGS>                           (36,472)
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,138,173
<PREFERRED-MANDATORY>                          188,950
<PREFERRED>                                     95,933
<LONG-TERM-DEBT-NET>                         2,124,898
<SHORT-TERM-NOTES>                             597,688
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                   48,937
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                     30,395
<LEASES-CURRENT>                                28,715
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,902,773
<TOT-CAPITALIZATION-AND-LIAB>                6,138,462
<GROSS-OPERATING-REVENUE>                    3,744,897
<INCOME-TAX-EXPENSE>                           105,816
<OTHER-OPERATING-EXPENSES>                   3,399,308
<TOTAL-OPERATING-EXPENSES>                   3,505,124
<OPERATING-INCOME-LOSS>                        239,773
<OTHER-INCOME-NET>                              70,881
<INCOME-BEFORE-INTEREST-EXPEN>                 310,654
<TOTAL-INTEREST-EXPENSE>                       197,076
<NET-INCOME>                                 (198,140)<F1>
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                (198,140)
<COMMON-STOCK-DIVIDENDS>                       115,271
<TOTAL-INTEREST-ON-BONDS>                      182,821
<CASH-FLOW-OPERATIONS>                         310,169
<EPS-BASIC>                                     (2.02)<F2>
<EPS-DILUTED>                                   (2.02)<F2>
<FN>
<F1>INCLUDES EXTRAORDINARY LOSS OF $311,718.
<F2>INCLUDES EXTRAORDINARY LOSS OF $3.16 PER SHARE.
</FN>


</TABLE>
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C.
SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of H&H Imports, Inc. (the Company) for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chief Executive Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:

(1)

the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 15, 2010

| |                                                      
| | -----------------------------------------------------
| |                                                      
| |                                                      
| | /s/ STEVEN ROGAI                                     
| | Steven Rogai                                         
| | Chief Executive Officer
(Principal Executive Officer)
---

Exhibit 32.1

|CERTIFICATION PURSUANT TO                    
|---------------------------------------------
|18 U.S.C. SECTION 1350,                      
|AS ADOPTED PURSUANT TO                       
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the accompanying Quarterly Report On Form
10-Q of EcoEmissions Solutions Inc. for the Quarter Ended August 31, 2009, I,
Larry Lorenz, President and Chief Executive Officer of Resource Group, Inc.
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that:

|1. | Such Quarterly Report on Form 10-Q for the Period Ended
      August 31, 2009, fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934; and                                                    
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                                                                                                                    
|2. | The information contained in such Quarterly Report on
      Form 10-Q for the Period Ended August 31, 2009, fairly presents, in all
      material respects, the financial condition and results of operations of
      EcoEmissions Solutions Inc.

|By: | /s/ Larry Lorenz                     
|--- | -------------------------------------
|    | Larry Lorenz                         
|    | President and Chief Executive Officer

Dated: October 20, 2009

---
NUMBERS 13-14-00680-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG 

 

THE STATE OF TEXAS, Appellant,

v.

ISRAEL RAMIREZ, Appellee.

 

On appeal from the 94th District Court

of Nueces County, Texas.

 

ORDER ABATING APPEAL

Before Justices Garza, Benavides, and Perkes

Order Per Curiam

The State perfected an appeal from an order granting a motion to suppress entered 

by the 94th District Court of Nueces County, Texas, in cause number 13CR2209-C. The 

State has filed a motion to abate and remand to the trial court for findings of fact and 

conclusions of law. 
2

On November 3, 2014, the trial court issued an order granting a motion to 

suppress. On November 24, 2014, the State filed a timely request for findings of fact 

and conclusions of law. The trial court has not made its findings of fact and conclusions 

of law in support of its decision to grant the appellee’s motion to suppress.

Upon the request of the losing party on a motion to suppress evidence, the trial 

court must make findings of fact and conclusions of law adequate to provide an appellate 

court with a basis to which to review the trial court’s application of the law to the facts. 

State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If the trial court does not 

enter the findings of fact and conclusions of law within twenty days from its ruling on the 

motion to suppress, the intermediate appellate court must exercise its authority under 

Texas Rule of Appellate Procedure 44.4, and remand the case to the trial court and order 

the trial court to enter findings of fact and conclusions of law. TEX. R. APP. PROC. 44.4; 

Cullen, 195 S.W.3d at 698-700.

The Court, having considered the documents on file and the State’s motion, is of 

the opinion that the motion should be granted. Accordingly, we GRANT counsel’s motion 

to abate the present appeal. See TEX. R. APP. P. 44.4. Accordingly, this appeal is 

ABATED and the cause REMANDED to the trial court. 

Upon remand, the trial court is instructed to make and file findings of fact and 

conclusions of law in support of its order granting the motion to suppress in this cause, 

as requested by the State in its motion filed November 24, 2014. See Cullen. The trial 

court shall cause its findings of fact and conclusions of law to be included in a 

supplemental clerk's record filed with the Court within thirty days from the date of this 
3

order. Should the trial court require more time to comply with this order, it shall request 

an extension prior to the expiration of this deadline.

It is so ORDERED.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the 

12th day of March, 2015.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           3,818
<SECURITIES>                                         0
<RECEIVABLES>                                   24,798
<ALLOWANCES>                                       597
<INVENTORY>                                     16,149
<CURRENT-ASSETS>                                66,637
<PP&E>                                         118,015
<DEPRECIATION>                                  56,476
<TOTAL-ASSETS>                                 271,652
<CURRENT-LIABILITIES>                           30,552
<BONDS>                                        180,490
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     30,794
<COMMON>                                             0
<OTHER-SE>                                      26,216
<TOTAL-LIABILITY-AND-EQUITY>                   271,652
<SALES>                                        352,085
<TOTAL-REVENUES>                               352,085
<CGS>                                          245,683
<TOTAL-COSTS>                                  336,350
<OTHER-EXPENSES>                                18,945
<LOSS-PROVISION>                                   162
<INTEREST-EXPENSE>                              18,770
<INCOME-PRETAX>                                (3,210)
<INCOME-TAX>                                       436
<INCOME-CONTINUING>                            (3,311)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,311)
<EPS-PRIMARY>                                  (95.60)
<EPS-DILUTED>                                  (95.60)
        

</TABLE>
ex10-2.htm


 


Exhibit 10.2













Energy 11 GP, LLC


814 East Main Street


Richmond, Virginia  23219












Energy 11 GP, LLC












Energy 11 GP, LLC (the “GP”) is in the process of organizing Energy 11, L.P. (the “Company”), and registering Units in the Company for sale to the public.







The GP is the current owner of certain incentive distribution rights interests in the Company (the “GP interests").  The attributes of the GP interests are described in the Company’s Certificate of Formation, Limited Partnership Agreement and Registration Statement, each of which you have been given (and as each may be amended, from time to time).







The GP has determined to grant to you a 5% economic interest in the GP interests (the “Granted interests”), which is generally described in the Company’s prospectus.







By accepting this grant by executing below, you and the GP agree that you shall be entitled to the benefits (if any) associated with the Granted interests described above.  In connection with your receipt of the Granted interests, we agree to issue to you a Schedule K-1 reflecting your economic interest (described above), at or around the time that Schedule K-1s are issued by the GP to other recipients thereof.  You understand that the Granted interests are limited to the benefits associated with the GP interests for the Company, and there is no assurance that these will ultimately have any particular value.  At the date of the signing, the GP interests and the Granted interests have no current value.







GP agrees to maintain the Company until such time as a triggering event occurs.







Very truly yours,







Energy 11 GP, LLC


 


 


 


/s/ David McKenney                                                           


David McKenney, Chief Financial Officer







All above terms reviewed and agreed to:

















/s/ Clifford Merritt                                                                                                                                         


Clifford Merritt
Department of Energy
Washington, DC 20585

December 8, 2006

Mr. Larry Elliott

Office of Compensation Analysis and Support
National Institute for Occupational Safety and Health
4676 Columbia Parkway

Mail Stop C-46

Cincinnati, OH 45226

Dear Larry:

Libby White asked me to send you the following information for the Advisory Board
Meeting:

1) Information from our office’s files about the Dow Chemical facility in Madison,
Illinois: { am enclosing 3 paper copies (one for you, one for the Advisory Board, and one
for SC&A). Senator Obama recently requested nine categories of documents and the
copies enclosed are marked with the category to which each is responsive. The document
marked “Category 9” is the document that forms the basis for Dow Madison being
covered under the Energy Employees Occupational IlIness Compensation Program Act.

2) Unclassified information from the DOE History Division Files:

Lam also enclosing 3 CDs (one for you, one for the Advisory Board, and one for SC&A)
which contain a copy of the contract that the Atomic Energy Commission (AEC) signed
with the Dow Chemical Company for the operation of the Rocky Flats Plant. The CDs
contain copies of the original contract, copies of modifications 1 through 20, and copies
of modifications 92 through 112. This contract is what the History Division retrieved in
response to November 26, 2006 request. The remaining modifications to
the contract which are in Department of Energy custody repose in folders containing
classified documents. They will be placed under declassification review next week, and
we will be certain to provide copies of these modifications to you, the
Advisory Board, and SC&A.

Our office has also forwarded Senator Obama’s our request to DOE’s Office of Legacy
Management (LM). LM has recently inherited records created by the Rocky Flats Plant,
and it is possible that these records may contain certain documentation responsive to his
request. We will work with LM to ascertain whether they contain this documentation
and will ensure any relevant information is provided to Senator Obama, you, the
Advisory Board, SC&A, and

® Panted wth S07 on cycled paper


If you have any questions about this, please call either myself (on 301-903-0127) or
Libby White (on 202-586-3632).

Sincerely,

Ander,

Roger M. Anders
Office of Former Worker Screening Programs

Enclosures
(As stated)
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CurrencySharesSMSingapore Dollar Trust (the Trust) on Form 10-Q for the period ended January 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Kevin Farragher, Chief Executive Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

Date: March 17, 2009



|                             
|-----------------------------
|/s/ Kevin Farragher          
|Kevin Farragher*             
|Chief Executive Officer      
|(principal executive officer)



|* | The Registrant is a trust and Kevin Farragher is signing in his
capacity as the principal executive officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A95A1817.

#### ARROW COMPANY v. SMITH.

(472 SE2d 332)

Decided May 24, 1996.

*Wilson, Strickland & Benson, Warner R. Wilson, Jr., Samuel T. Brannan III,*for appellant.

*Murphy, Murphy & Garner, Stephen E. Garner,*for appellee.

Birdsong, Presiding Judge.

Following our grant of a discretionary appeal, The Arrow Company appealed the superior court’s judgment requiring The Arrow Company to pay certain medical and prescription drug expenses following an unauthorized referral to a specialist by Smith’s authorized physician. We reversed because we found that *Wright v. Overnite Transp. Co.,*214 Ga. App. 822 (449 SE2d 167) controlled disposition of the appeal, and because we found that the amendments to OCGA § 34-9-201 and the State Board of Workers’ Compensation Rules were inapplicable as Smith’s injury occurred before the effective dates of the amendments.

The case is now before this Court again because, after granting certiorari, our Supreme Court remanded the case for reconsideration in light of this Court’s subsequent decisions in *Porter v. Ingles Market,*219 Ga. App. 145 (464 SE2d 212) and *Barnes v. City of Atlanta Police Dept.,*219 Ga. App. 139 (464 SE2d 609), which held the amendment to OCGA § 34-9-201 should be applied retroactively. Accordingly, upon reconsideration in light of this Court’s whole court precedent in *Barnes,*supra, the prior judgment of this Court in this case is vacated, and pursuant to the judgment of this Court, as expressed in the holding in *Barnes,*supra, as applied to this case, the judgment of the superior court is affirmed.

*Judgment affirmed.*

*Johnson and Smith, JJ, concur.*
IN THE SUPREME COURT OF PENNSYLVANIA

OFFICE OF DISCIPLINARY COUNSEL,

Petitioner

v.

ELIZABETH JENNIFER BARTOLAI,

Respondent :

:

:

:

:

:

:

:

: No s . 2310 and 2377 Disciplinary Docket

No. 3

No. 167 DB 2016

Attorney Registration No. 62355

(Luzerne County)

ORDER

PER CURIAM

AND NOW , this 18 th day of August , 2017, upon consideration of the Verified

Statement of Resignation, Elizabeth Jennifer Bartolai is disbarred on consent from the

Bar of the Commonwealth of Pennsylvania, see Pa. R.D.E. 215, and she shall comply

with the p rovisions of Pa.R.D.E. 217. Respondent shall pay costs to the Disciplinary

Board pursuant to Pa.R.D.E. 208(g).
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6346

LEWIS L. PENDLETON, II, Petitioner - Appellant, versus CHARLES E. THOMPSON, Warden, Respondent - Appellee.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-291) Submitted: February 28, 2001 Decided: March 13, 2001 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Lewis L. Pendleton, II, Appellant Pro Se. Rick Randall Linker, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Lewis L. Pendleton, II, a Virginia prisoner, appeals the district court’s order denying relief on his action asserting that the Virginia Parole Board violated the Ex Post Facto Clause when, upon revoking his parole, it likewise revoked his previously earned good time credits. We have reviewed the record and the district court’sopinion and find no reversible error. Accordingly, we deny Pendleton’s motion for appointment of counsel, deny a certificate of appealability, and dismiss on the reasoning of the district court. See Pendleton v. Thompson , No. CA-99-291 (W.D. Va. Feb. 16, 2000); see also Warren v. Baskerville , 233 F.3d 204 (4th Cir. 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED